We are pleased to present you with Taft’s M&A Litigation newsletter, a collection of insights from our team to yours.

For more information, please visit Taft’s M&A Litigation practice.

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Featured Articles
 
Delaware Defines Damages in Deals Involving Cryptocurrency

When cryptocurrency is the consideration to be paid on a contract and the contract is breached, how should a court calculate damages? That was the issue confronted by Judge Wallace in a case of first impression in Diamond Fortress Technologies, Inc. v. EverID, Inc., C.A. No. N21C-05-048 (Del. Super. Ct. April 14, 2022).

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Delaware Chancery Holds Its Nose and Finds Tesla’s Acquisition of SolarCity To Be “Entirely Fair”

In late April, Vice Chancellor Slights ended six years of hard-fought litigation, issuing a 132-page post-trial opinion to conclude In re Tesla Motors, Inc. Stockholder Litigation, C.A. No. 12711-VCS (Del. Ch. Apr. 27, 2022). 

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Inaction in Response to a Demand Letter Can Give Rise to a Board’s Fiduciary Duty Breach

Can a plaintiff manufacture a claim against directors by acting as a whistleblower and then sue because the directors fail to heed the whistle? More specifically, can a board’s conscious inaction in response to a demand letter constitute a breach of the board’s fiduciary duties? In a case of first impression, the Delaware Court of Chancery answered, “yes.”

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FTC Follows Through on Promise to Scrutinize Deals with Pair of Enforcement Actions

In two orders issued this month, the Federal Trade Commission (FTC) resolved lawsuits aimed squarely at preserving competition in local markets and reducing the scope of tag-along non-compete agreements.

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Additional Reading
 
Taft's M&A Litigation Team: 
 
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